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TO: Mayor Richard C. Irvin
FROM: Steve Broadwell, Planner
DATE: June 6, 2019
SUBJECT:
An Ordinance Vacating a Portion of Dedicated Public Right of Way for Duke Parkway, on the property located at 2865 Duke Parkway, DuPage County, Aurora, Illinois, 60502 (Duke Realty Limited Partnership - 19-0463 / WI33/4-17.037-VAC - SB - Ward 10)
PURPOSE:
The Petitioner, Duke Realty Limited Partnership, is requesting approval of a Plat of Vacation for public right-of-way along the property located at 2865 Duke Parkway. The details of the request include vacation of approximately 5,144 square feet of public right-of-way.
BACKGROUND:
This is Lot 5 of Unit 3 of the Butterfield East subdivision. The property was planned for a distribution and warehouse facility per R16-123, which was approved on April 26, 2016.
DISCUSSION:
The Planning and Zoning Division has reviewed the Plat of Vacation petition and have sent comments back to the Petitioner based on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
IMPACT STATEMENT :
The Planning and Zoning Division would anticipate that this project will increase the City’s overall tax base and viability by enhancing the City’s infrastructure and improving services to its residents.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the ordinance vacating public right-of-way for the property located at 2865 Duke Parkway.
ATTACHMENTS:
Exhibit "A" Plat of Vacation
Land Use Petition with Supporting Documents
Property Research Sheet
cc: Building, Zoning, and Economic Development Committee
Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Vice Chairman
Alderman Carl Franco, Member
Alderman Robert J. O'Connor, Member
Alderman Juany Garza, Member
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating a Portion of Dedicated Public Right of Way for Duke Parkway, on the property located at 2865 Duke Parkway, DuPage County, Aurora, Illinois, 60502
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the territory shown on Exhibit “A” both hereto attached and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit “A” was heretofore granted and dedicated to the City of Aurora for the purposes of a public right-of-way; and
WHEREAS, the City Council of the City of Aurora has determined that the public interest will be served by a vacation of said public right-of-way as it is shown on said Exhibit “A”; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That said City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this ordinance.
Section Two: That part of the public right-of-way heretofore dedicated upon the territory shown on Exhibit “A” attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit “A” shall be, and is, hereby vacated.
Section Three: That this Ordinance and the vacating of said public right-of-way, shall become effective upon the passage, signage and publication hereof.
Section Four: That the City Clerk be and is hereby authorized and directed to cause this Ordinance, the legal description and Plat of Vacation designated as said Exhibit “A-1” to be places on record forthwith with the applicable County Recorder of Deeds.
Section Five: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Six: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Seven: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions, which shall remain in full force and effect thereafter.